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Secrecy and Safety

Andrew F. Daughety, Jennifer F. Reinganum

American Economic Review · 2005 · Volume 95 · Issue 4

DOI: 10.1257/0002828054825673

Abstract

We provide a model showing that the use of confidential settlement as a strategy for a firm facing tort litigation leads to lower average safety of products sold than would occur if the firm were committed to openness. A rational risk-neutral consumer's response in a market, wherein a firm engages in confidential settlements, may be to reduce demand. A firm committed to openness incurs higher liability and R&D costs, though product demand is not diminished. We identify conditions such that, if the cost of credible auditing (to verify openness) is low enough, a firm prefers to eschew confidentiality.

Keywords

Asymmetric and Private Information, Mechanism Design, Tort Law and Product Liability, Forensic Economics, Information and Product Quality, Standardization and Compatibility

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